Smith v. McPherson
Supreme Court of Georgia
Landlord and Tenant. Liens. Debtor and Creditor. Money Rule. Before Judge Harris. Carroll Superior Court. April Term, 1886. Reported in the decision.
1Opinion of the Court
Blandford, Justice.
E. H. McPherson foreclosed a' landlord’s lien ag st Robert Gresham, and execution issued thereon and was levied on tenant’s property, which was sold, and the money was in the hands of the constable. E. W. Smith placed an execution in his favor against Gresham in the constable’s hands, and claimed the money. Smith then, as creditor, filed a counter-affidavit, contesting the claim of the landlord, McPherson. The court dismissed the counter-affidavit as coming too late, and this is the error assigned in this court.
If the counter-affidavit had been filed before levy of the…
2Cases cited4 opinions
- Rountree v. RutherfordSupreme Court of Georgia · 1880
- Gladden v. CobbSupreme Court of Georgia · 1884
- Cosgrave v. MitchellSupreme Court of Georgia · 1885
- Franklin, Reid & Co. v. NortonSupreme Court of Georgia · 1873
3Cited by8 opinions
- Finn v. ReeseCourt of Appeals of Georgia · 1927
- Gardner v. ParkerCourt of Appeals of Georgia · 1924
- Ford v. Tifton Guano Co.Supreme Court of Georgia · 1915
- Harris v. HoustonCourt of Appeals of Georgia · 1935
- Bowman v. QuickCourt of Appeals of Georgia · 1962
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